Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

7.

Amendment of section 2 of Act of 2004.

7.— (1) Section 2(1) of the Act of 2004 is amended—

( a) by inserting the following definitions:

“‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘civil partner’ has the meaning assigned to it by the Act of 2010;

‘civil partnership registration’ means registration under section 59D;

‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved;

‘dissolution’ means dissolution of a civil partnership under section 110 of the Act of 2010;”,

( b) by substituting the following definition for the definition “decree of divorce”:

“‘decree of divorce’ has the meaning assigned to it by the Family Law (Divorce) Act 1996;”,

( c) by substituting the following definition for the definition “decree of nullity”:

“‘decree of nullity’—

( a) in the case of a decree of nullity of marriage, has the meaning assigned to it by the Family Law (Divorce) Act 1996, and

( b) in the case of a decree of nullity of civil partnership, has the meaning assigned to it by the Act of 2010;”,

( d) in the definition of “event”, by substituting “divorce, decree of nullity, civil partnership registration or dissolution” for “divorce or decree of nullity”,

( e) in the definition of “registrar”—

(i) by inserting the following paragraph after paragraph ( a):

“( aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,”,

(ii) in paragraph ( d), by substituting “,” for “, and”, and

(iii) by substituting the following paragraphs for paragraph ( e):

“( e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service,

( f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and

( g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,”.

(2) Section 2(2) of the Act of 2004 is amended—

( a) in paragraph ( d), by substituting “,” for “, or”,

( b) in paragraph ( e) by substituting “sex, or” for “sex.”, and

( c) by inserting the following paragraph after paragraph ( e):

“( f) one of the parties to the marriage is, or both are, already party to a subsisting civil partnership.”.

(3) Section 2 of the Act of 2004 is amended by inserting the following subsection after subsection (2):

“(2A) For the purposes of this Act, there is an impediment to a civil partnership registration if—

( a) the civil partnership would be void by virtue of the Third Schedule,

( b) one of the parties to the intended civil partnership is, or both are, already party to a subsisting civil partnership,

( c) one or both of the parties to the intended civil partnership will be under the age of 18 years on the date of the intended civil partnership registration,

( d) one or both of the parties to the intended civil partnership does not give free and informed consent,

( e) the parties are not of the same sex, or

( f) one of the parties to the intended civil partnership is, or both are, married.”.